MO 97 compil 200206Z
Marine Order 97 (Marine pollution prevention — air pollution) 2013
made under the Navigation Act 2012 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983
Compilation no. 6
Compilation date: 1 March 2020
This compilation was prepared on 21 January 2020 taking into account amendments up
to Marine Order 97 (Marine pollution prevention — air pollution) Amendment Order
(No 2) 2019
Prepared by the Australian Maritime Safety Authority
Authorised Version F2020C00159 registered 02/03/2020
Contents
Page
2 Marine Order 97 (Marine pollution prevention — air pollution) 2013 MO 97 compil 200206Z
Division 1 Preliminary ....................................................................................................... 4 1 Name of Order ............................................................................................................. 4 4 Purpose ....................................................................................................................... 4 5 Power .......................................................................................................................... 4 6 Definitions .................................................................................................................... 5 7 Interpretation ............................................................................................................... 6 8 Application ................................................................................................................... 7 9 Equivalents and waivers .............................................................................................. 7 9A Review of decisions ..................................................................................................... 8
Division 1A Requirements of Annex VI ................................................................................ 8 9B Convention requirements ............................................................................................ 8
Division 2 Certificates ....................................................................................................... 8 Subdivision 1 Various matters about certificates .......................................................... 8
10 Certificates required .................................................................................................... 8 11 Applying for certificates ............................................................................................... 8 12 Status of EIAPP certificates ........................................................................................ 8 13 Criteria for issue of IAPP certificate or IEE certificate ................................................. 9 14 Criteria for variation of IAPP certificate or IEE certificate ............................................ 9 15 Criteria for issue of EIAPP certificate .......................................................................... 9 16 Form of certificates ...................................................................................................... 9 17 Commencement and duration of certificates ............................................................... 9
Subdivision 2 Criteria for revocation of certificates .................................................... 10 18 Criteria for revocation of IAPP certificate .................................................................. 10 19 Criteria for revocation of IEE certificate ..................................................................... 10 20 Criteria for revocation of EIAPP certificate ................................................................ 10
Division 2A Certificate requirements for foreign vessels .................................................... 10 20A Requirements for foreign vessels .............................................................................. 10
Division 2B Fuel Oil Consumption Reporting ...................................................................... 11 20B Application of this Division ......................................................................................... 11 20C Requirement for statement of compliance ................................................................ 11 20D Fuel oil consumption data ......................................................................................... 11 20E Application for statement of compliance ................................................................... 11 20F Issue of statement of compliance .............................................................................. 11 20G Form of statement of compliance .............................................................................. 12
Division 3 Nitrogen oxides .............................................................................................. 12 21 Restrictions on operation of engines ......................................................................... 12 21A Engine status in emission control areas .................................................................... 12
Division 4 Incineration on board vessels .......................................................................... 12 22 Restrictions on incineration on board vessels ........................................................... 12 23 Responsibilities of owner ........................................................................................... 13 24 Responsibilities of master ......................................................................................... 13
Division 5 Reporting requirements .................................................................................. 14 25 Reports of alterations to vessels ............................................................................... 14 26 Marine incidents ........................................................................................................ 14
Division 6 Energy efficiency ............................................................................................ 14 27 Attained EEDI ............................................................................................................ 14 28 Required EEDI........................................................................................................... 14 29 Ship energy efficiency management plan ................................................................. 14
Division 7 Matters prescribed for the Pollution Prevention Act ........................................ 15 30 Sulphur content of fuel oil — prescribed limits .......................................................... 15 30A Prescribed level of total emission of sulphur oxides ................................................. 15 30B Operation of Annex VI approved equivalents ............................................................ 15 31 Notification of fuel oil non-availability ........................................................................ 15 32 Flushing fuel oil service systems ............................................................................... 15 33 Record of prescribed fuel-changeover operation ...................................................... 15 33A Approval of Annex VI approved equivalent ............................................................... 16
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34 Register of Local Suppliers of Fuel Oil ...................................................................... 16 35 Bunker delivery note and sample .............................................................................. 17 36 Fuel oil sample retention ........................................................................................... 17 37 Ozone depleting substances record book ................................................................. 17
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Division 1 Preliminary
Section 1
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Division 1 Preliminary
1 Name of Order
This Order is Marine Order 97 (Marine pollution prevention — air
pollution) 2013.
4 Purpose
This Order:
(a) gives effect to Annex VI of MARPOL (which deals with prevention of air
pollution from vessels); and
(b) provides for matters for Chapter 4 of the Navigation Act (which deals with
prevention of pollution from vessels); and
(c) prescribes matters for Division 2 of Part IIID of the Pollution Prevention
Act (which deals with the sulphur content of fuel oil).
5 Power
(1) This Order is made under both the Navigation Act and the Pollution Prevention
Act.
(2) The following provisions of the Navigation Act provide for this Order to be
made:
(a) subsection 130(1) which provides that the regulations may make provision
about pollution certificates;
(b) subsection 314(3) which provides that the regulations may prescribe
various matters about certificates, including the time when certificates,
variations of certificates and revocation of certificates come into force;
(c) paragraph 340(1)(c) which provides that the regulations may provide for
giving effect to MARPOL.
(3) Subsection 339(1) of the Navigation Act also provides for regulations to be
made prescribing matters required or permitted to be prescribed, or which are
necessary or convenient to be prescribed for carrying out or giving effect to the
Act.
(4) The following provisions of the Pollution Prevention Act also provide for this
Order to be made:
(a) paragraphs 33(1)(a) and (b) which provide for regulations to be made
prescribing matters required or permitted to be prescribed, or that are
necessary or convenient to be prescribed for carrying out or giving effect to
the Act;
(b) paragraph 33(1)(c) which provides for regulations under
paragraphs 33(1) (a) and (b) to be made to give effect to MARPOL;
(c) subsection 34(1) which provides that AMSA may make orders for any
matter (other than the imposition of penalties) for which provision may be
made by regulation.
(5) Subsection 342(1) of the Navigation Act provides that AMSA may make a
Marine Order about anything that may or must be made by the regulations.
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Preliminary Division 1
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6 Definitions
In this Order:
2015 Guidelines means 2015 Guidelines for exhaust gas cleaning systems
adopted by IMO Resolution MEPC.259(68) and as amended from time to time.
Annex VI means Annex VI of MARPOL.
EEDI means Energy Efficiency Design Index.
EIAPP certificate (or engine international air pollution prevention certificate)
means:
(a) a pollution certificate relating to air pollution or ozone depleting substances
issued under section 132 of the Navigation Act for a marine diesel engine
installed on a vessel; or
(b) a certificate issued under section 319 of the Navigation Act certifying that
the emissions from a marine diesel engine installed on a vessel are within
the limits mentioned in regulation 13 of Annex VI.
Note For the form of certificate — see section 16.
FPSO means a vessel that is:
(a) constructed or modified to accept petroleum, directly or indirectly, from a
sub-sea well or pipeline; or
(b) capable of storing the petroleum and delivering it to another vessel or
pipeline; or
(c) capable of modifying the petroleum while in storage on the vessel to suit it
for transport or to fit it for the commercial requirements of the consignees;
or
(d) designed to be disconnected from its mooring during bad weather,
operational emergencies, or for the purposes of maintenance or survey,
but does not include a facility that is designed to remain permanently moored for
the production life of the related oil field.
FSU means a vessel that is:
(a) constructed or modified to accept petroleum, directly or indirectly, from a
sub-sea well or pipeline; or
(b) capable of storing the petroleum and delivering it to another vessel or
pipeline, but which is not capable of modifying the petroleum while in
storage on the vessel; or
(c) designed to be disconnected from its mooring during bad weather,
operational emergencies, or for the purposes of maintenance or survey,
but does not include a facility that is designed to remain permanently moored for
the production life of the related oil field.
IAPP certificate (or international air pollution prevention certificate) means:
(a) a pollution certificate relating to air pollution or ozone depleting substances
issued under section 132 of the Navigation Act for a vessel; or
(b) a certificate relating to air pollution or ozone depleting substances issued
under section 319 of the Navigation Act for a vessel.
Note For the form of certificate — see section 16.
IEE certificate (or international energy efficiency certificate) means:
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Division 1 Preliminary
Section 6
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(a) a pollution certificate relating to the energy efficiency of a vessel issued
under section 132 of the Navigation Act; or
(b) a certificate relating to the energy efficiency of a vessel issued under
section 319 of the Navigation Act.
Note For the form of certificate — see section 16.
m/m means mass by mass.
MODU has the same meaning as in Marine Order 47 (Offshore industry units)
2019.
NOx Technical Code has the same meaning as in Annex VI.
ship energy efficiency management plan (or SEEMP) means the plan required
to be kept on board a vessel by section 26FEW of the Pollution Prevention Act.
statement of compliance means a Statement of Compliance — Fuel Oil
Consumption Reporting that is
(a) for a regulated Australian vessel — issued under Division 2A; or
(b) for a foreign vessel — mentioned in paragraphs 6 and 7 of Regulation 6
of Annex VI.
Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2013
including:
IMO
MARPOL
national law
Navigation Act
Pollution Prevention Act.
Note 2 Some terms used in this Order are defined in the Navigation Act or Pollution Prevention
Act, including:
AMSA
foreign vessel
inspector
issuing body
prescribed officer
recognised organisation (for organisations that have been prescribed for the definition —
see Marine Order 1 (Administration) 2013)
regulated Australian vessel.
Note 3 For delegation of AMSA’s powers under this Order —see the AMSA website at
http://www.amsa.gov.au.
Note 4 Information on obtaining copies of any IMO Resolution, IMO document or other
document that is mentioned in this Order is available from the AMSA website Marine Orders
link at http://www.amsa.gov.au.
7 Interpretation
(1) For this Order, a reference in the NOx Technical Code or Annex VI to
the Administration is taken to mean, for a vessel registered in Australia, AMSA
or a recognised organisation.
(2) For this Order, a reference in Annex VI to the competent authority is taken to
mean:
(a) for the Pollution Prevention Act — a prescribed officer; or
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(b) for the Navigation Act — AMSA or an inspector.
Note for paragraph (a) See subsection 3(2) of the Pollution Prevention Act — A reference in a
section of that Act to a prescribed officer is a reference to AMSA or such person, or the holder
of such office in AMSA, as is prescribed for the purposes of that section.
Note for paragraph (b) See subsection 254(1) of the Navigation Act which provides for the
appointment of an inspector. In addition to powers under the Pollution Prevention Act, Chapters
4 and 8 of the Navigation Act give powers to AMSA and inspectors to verify compliance and
enforce the provisions of Annex VI which include the powers that may be exercised as the
competent authority under that Annex.
8 Application
(1) This Order applies to a vessel that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel; or
(c) a recreational vessel; or
(d) a domestic commercial vessel.
(2) However, the following provisions do not apply to a foreign vessel or a
recreational vessel that does not have Australian nationality:
(a) section 9;
(b) Division 2;
(c) Division 2B, apart from sections 20B and 20C;
(d) subsections 22(3) and (6);
(e) section 25;
(f) Division 6;
(g) sections 31 to 34;
(h) section 37.
Note The application of this Order is subject to subsection 33(2) of the Pollution Prevention
Act and section 12 of the Navigation Act. Those provisions have the effect that parts of this
Order that give effect to parts of MARPOL do not apply to certain vessels in an area if a law of a
State or the Northern Territory or the national law gives effect to the same parts of MARPOL for
vessels in the area.
9 Equivalents and waivers
(1) A person may apply, in accordance with the application process set out in
Marine Order 1 (Administration) 2013, for approval to use an equivalent.
(2) AMSA may approve the use of an equivalent if:
(a) it would be at least as effective as compliance with the requirement to
which the equivalent is an alternative; and
(b) approving the use of the equivalent would not contravene regulation 4 of
Annex VI.
Note Marine Order 1 (Administration) 2013 deals with the following matters about
equivalents:
making an application
seeking further information about an application
the time allowed for consideration of an application
imposing conditions on approval of an application
notifying a decision on an application
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Division 1A Requirements of Annex VI
Section 9A
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review of decisions.
(3) AMSA may give a waiver in accordance with regulation 19 of Annex VI from a
requirement of the Order.
9A Review of decisions
A decision under section 20F is a reviewable decision for section 17 of Marine
Order 1 (Administration) 2013.
Division 1A Requirements of Annex VI
9B Convention requirements
A vessel must comply with the requirements of Annex VI that apply to the
vessel.
Division 2 Certificates
Subdivision 1 Various matters about certificates
10 Certificates required
For subsection 130(3) of the Navigation Act (which enables the regulations to
provide that specified kinds of vessels are required to have specified pollution
certificates), a vessel must have the following certificates:
(a) an EIAPP certificate for each marine diesel engine installed on the vessel;
(b) an IAPP certificate;
(c) an IEE certificate.
11 Applying for certificates
(1) For subsection 131(1) of the Navigation Act (which enables a person to apply to
an issuing body for a pollution certificate specified in the regulations), the
following certificates are specified:
(a) an EIAPP certificate;
(b) an IAPP certificate;
(c) an IEE certificate.
(2) Division 3 of Marine Order 1 (Administration) 2013 (other than section 17)
applies to an application to AMSA for a certificate mentioned in subsection (1).
Note Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about
the making and determination of various kinds of applications. Section 17 of that Order
provides for internal review of decisions about applications. That section does not apply to
decisions about pollution certificates because those decisions are reviewable under
subsection 313(1) of the Navigation Act.
12 Status of EIAPP certificates
(1) An EIAPP certificate for a marine diesel engine installed on a vessel is taken to
be issued for the vessel.
(2) A vessel is taken to have an EIAPP certificate if each marine diesel engine
installed on the vessel has an EIAPP certificate.
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Certificates Division 2
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13 Criteria for issue of IAPP certificate or IEE certificate
For paragraph 132(1)(b) of the Navigation Act, the criteria for issue of an IAPP
certificate or an IEE certificate are that the vessel:
(a) has been surveyed in accordance with regulation 5 of Annex VI; and
(b) complies with the requirements that apply to it under regulation 5 of
Annex VI.
14 Criteria for variation of IAPP certificate or IEE certificate
For subsection 133(1) of the Navigation Act, the criteria for variation of an
IAPP certificate or an IEE certificate are that:
(a) the vessel has been surveyed in accordance with regulation 5 of Annex VI;
and
(b) for an IAPP certificate that is required to be endorsed under regulation 6 of
Annex VI — the certificate is endorsed accordingly; and
(c) to the extent that the variation relates to the period of validity of an IAPP
certificate — the variation is in accordance with regulation 9 of Annex VI.
Note for paragraph (b) The requirements that apply under regulation 5 of Annex VI include a
requirement for maintenance of equipment — see paragraph 5 of regulation 5.
15 Criteria for issue of EIAPP certificate
For paragraph 132(1)(b) of the Navigation Act, the criteria for the issue of an
EIAPP certificate for a marine diesel engine installed on a vessel are that:
(a) the engine has been surveyed in accordance with the NOx Technical Code;
and
(b) if regulation 13 of Annex VI applies to the engine — the emissions from
the engine are likely to be within the limits specified in regulation 13 of
Annex VI for the intended operation of the engine.
Note See also Guidelines for on-board NOx verification procedure — direct measurement and
monitoring method adopted by IMO resolution MEPC.103(49) and as amended from time to
time.
16 Form of certificates
A pollution certificate must be in the form mentioned in the following table.
Item Certificate Form
1 EIAPP certificate Engine International Air Pollution Prevention
Certificate set out in Appendix I to the NOx
Technical Code
2 IAPP certificate International Air Pollution Prevention
Certificate set out in Appendix I to Annex VI
3 IEE certificate International Energy Efficiency Certificate set
out in Appendix VIII to Annex VI
17 Commencement and duration of certificates
(1) An IAPP certificate and an EIAPP certificate come into force, and cease to be in
force, in accordance with regulation 9 of Annex VI.
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Division 2A Certificate requirements for foreign vessels
Section 18
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(2) An IEE certificate for a vessel remains in force for the life of the vessel in
accordance with paragraph 10 of regulation 9 of Annex VI.
Note A certificate may be revoked in accordance with the criteria mentioned in this Division.
Subdivision 2 Criteria for revocation of certificates
18 Criteria for revocation of IAPP certificate
For section 134 of the Navigation Act, the criteria for revocation of an IAPP
certificate are that:
(a) a survey is not completed in the time required by regulation 5 of Annex VI
for the survey; or
(b) the vessel does not comply with the requirements that apply to it under
regulation 5 of Annex VI; or
(c) the certificate has not been endorsed (after a renewal survey) as required by
regulation 6 of Annex VI; or
(d) the vessel to which the certificate applies ceases to be registered in
Australia.
Note for paragraph (b) The requirements that apply under regulation 5 of Annex VI include a
requirement for maintenance of equipment — see paragraph 5 of regulation 5.
19 Criteria for revocation of IEE certificate
For section 134 of the Navigation Act, the criteria for revocation of an IEE
certificate are that the vessel to which the certificate applies:
(a) is withdrawn from service; or
(b) undergoes a major conversion (within the meaning of regulation 2 in Annex
VI); or
(c) ceases to be registered in Australia.
20 Criteria for revocation of EIAPP certificate
For section 134 of the Navigation Act, the criteria for revocation of an EIAPP
certificate for a marine diesel engine installed on a vessel are that:
(a) a survey of the engine is not completed in the time required by the NOx
Technical Code; or
(b) if regulation 13 of Annex VI applies to the engine — the emissions from
the engine are not within the limits specified in regulation 13 of Annex VI
for the intended operation of the engine; or
(c) the engine to which the certificate applies is withdrawn from service; or
(d) the vessel ceases to be registered in Australia.
Division 2A Certificate requirements for foreign vessels
20A Requirements for foreign vessels
(1) Subsection (2) applies to a foreign vessel and a recreational vessel that does not
have Australian nationality.
(2) A vessel to which Annex VI applies must have the certificates that it is required
to have in accordance with Regulations 5 and 6 of that Annex.
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Fuel Oil Consumption Reporting Division 2B
Section 20G
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Division 2B Fuel Oil Consumption Reporting
20B Application of this Division
(1) This Division applies to a vessel that is engaged on an overseas voyage.
(2) However, section 20C applies to a foreign vessel whether or not it is engaged on
an overseas voyage.
(3) This Division does not apply to:
(a) a vessel that is propelled by a means other than mechanical; and
(b) a platform, including a FPSO, a FSU and a MODU.
Note For a new vessel engaged on overseas voyages or a vessel not normally engaged on
overseas voyages that is required to undertake a single overseas voyage, see the AMSA website
for guidance material on the application of the requirements of this Division:
http://www.amsa.gov.au.
20C Requirement for statement of compliance
(1) A vessel that is at least 5000 GT must have:
(a) a statement of compliance in accordance with Annex VI; or
(b) for a vessel whose flag State is not a party to Annex VI — documentary
evidence issued by or on behalf of the Administration of that State that the
vessel complies with the requirements of the State for the reporting of fuel
oil consumption.
Note Annex VI requires a statement of compliance for a vessel only after data has been
collected for a calendar year and submitted to the vessel’s Administration.
(2) A statement of compliance must be kept on board the vessel while it remains
valid.
20D Fuel oil consumption data
The owner of a vessel that is at least 5000 GT must collect and give to an
issuing body fuel oil consumption data in accordance with Regulation 22A of
Annex VI.
Note Under Regulation 22A of Annex VI, the requirement to collect data applies from the
commencement of calendar year 2019.
20E Application for statement of compliance
The owner of a vessel mentioned in section 20D may apply to an issuing body
for the issue of a statement of compliance.
20F Issue of statement of compliance
(1) An issuing body may issue a statement of compliance if:
(a) an application has been made; and
(b) fuel oil consumption data has been collected for the vessel in accordance
with Regulation 22A of Annex VI and the issuing body is satisfied that the
data has been verified as required by that Regulation.
(2) A statement of compliance remains valid in accordance with paragraph 12 of
regulation 9 of Annex VI.
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Division 3 Nitrogen oxides
Section 20G
12 Marine Order 97 (Marine pollution prevention — air pollution) 2013 MO 97 compil 200206Z
20G Form of statement of compliance
A statement of compliance must be in the form set out in Appendix X to
Annex VI.
Division 3 Nitrogen oxides
21 Restrictions on operation of engines
(1) A person must not operate a marine diesel engine on a vessel if:
(a) the engine is of a kind to which regulation 13 of Annex VI applies; and
(b) none of the conditions mentioned in subsection (2) are met.
(2) For paragraph (1)(b), the conditions are:
(a) the emissions of nitrogen oxides from the engine are likely to be within the
limits specified in regulation 13 of Annex VI for the intended operation of
the engine and equipment; or
(b) an alternative control measure (of a kind mentioned in paragraph
1.2.2 of regulation 13 of Annex VI) is in place to reduce onboard emissions
of nitrogen oxides from the engine at least to the limit mentioned for the
engine in regulation 13 of Annex VI.
Penalty: 50 penalty units.
(3) An offence against subsection (1) is a strict liability offence.
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units
21A Engine status in emission control areas
(1) The master of a regulated Australian vessel operating in an emission control
area must ensure that any record required to be made for the vessel under
paragraph 5.3 of regulation 13 of Annex VI is entered in the official logbook.
Note Paragraph 5.3 of regulation 13 of Annex VI provides that the following must be recorded
for a vessel constructed on or after 1 January 2016 with marine diesel engines that are certified
to Tier II or Tier III standard: details of the engine tier, engine on/off status when entering and
exiting an emission control area, any changes to that status within the area, and the date, time
and position of the vessel.
(2) For subsection (1), an emission control area is an emission control area
mentioned in paragraph 6 of regulation 13 of Annex VI.
Division 4 Incineration on board vessels
22 Restrictions on incineration on board vessels
(1) A person must not incinerate any matter on board a vessel if incineration of the
matter is prohibited (either absolutely or in a specified circumstance or a
specified way) by regulation 16 of Annex VI.
Penalty: 50 penalty units.
(2) A person must not incinerate any matter on board a vessel in an incinerator that
does not comply with regulation 16 of Annex VI.
Penalty: 50 penalty units.
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Incineration on board vessels Division 4
Section 24
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(3) Subsections (1) and (2) do not apply to incineration of any matter in an
incinerator for which AMSA has allowed exclusion from subparagraph 6.1 of
regulation 16 of Annex VI.
(4) An offence against subsection (1) or (2) is a strict liability offence.
(5) A person is liable to a civil penalty if the person contravenes subsection (1)
or (2).
Civil penalty: 50 penalty units.
(6) A person may apply, in accordance with the application process set out in
Marine Order 1 (Administration) 2013, for exclusion from subparagraph 6.1 of
regulation 16 of Annex VI.
(7) The decision maker for the application is the holder of an office in AMSA to
which AMSA has delegated the power to approve the exclusion.
Note Regulation 16 includes requirements for the following:
(a) an IMO Type Approval Certificate (or exclusion from that requirement) — see
subparagraph 6.1 of regulation 16 and appendix IV to Annex VI;
(b) approval taking into account the 2014 Standard specification for shipboard
incinerators adopted by IMO Resolution MEPC.244(66) and as amended from time
to time — see subparagraph 6.1 of regulation 16.
23 Responsibilities of owner
(1) The owner of a vessel must ensure that a copy of the manufacturer’s operating
manual for an incinerator is available in accordance with paragraph 7 of
regulation 16 of Annex VI.
Penalty: 50 penalty units.
(2) The owner of a vessel must ensure that seafarers responsible for operating an
incinerator mentioned in regulation 16 of Annex VI are trained so that they can
implement the guidance given by the manufacturer’s operating manual.
Penalty: 50 penalty units.
(3) An offence against subsection (1) or (2) is a strict liability offence.
(4) The owner of a vessel is liable to a civil penalty if the owner contravenes
subsection (1) or (2).
Civil penalty: 50 penalty units.
24 Responsibilities of master
(1) The master of a vessel must ensure that:
(a) the combustion chamber gas outlet temperature of an incinerator installed
on the vessel is monitored at all times; and
(b) waste is not fed into the incinerator when the combustion chamber gas
outlet temperature is below 850°C.
Penalty: 50 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
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Division 5 Reporting requirements
Section 25
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Division 5 Reporting requirements
25 Reports of alterations to vessels
For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA
and an issuing body must be informed of an alteration to a vessel is 7 days after
the alteration is made.
Note 1 An approved form for reporting of alterations to vessels is available from the AMSA
website: http://www.amsa.gov.au.
Note 2 For other reporting requirements — see Transport Safety Investigation Act 2003,
sections 18 and 19.
26 Marine incidents
For paragraph (l) of the definition of marine incident in subsection 14(1) of the
Navigation Act, the following incidents are prescribed:
(a) an incident involving a vessel that may affect compliance by the vessel with
the requirements of Annex VI;
(b) anything that substantially affects the efficiency or completeness of the
vessel’s equipment covered by Annex VI.
Note The owner of a vessel must report marine incidents to AMSA — see s 185 of the
Navigation Act. The master of a vessel must report marine incidents to AMSA — see s 186 of
the Navigation Act. For the prescribed periods for reporting marine incidents — see
section 23A of Marine Order 1 (Administration) 2013.
Division 6 Energy efficiency
27 Attained EEDI
The attained EEDI for a vessel must be worked out in accordance with
regulation 20 of Annex VI.
Note The guidelines mentioned in regulation 20 for working out the attained EEDI are the 2014
Guidelines on the method of calculation of the attained Energy Efficiency Design Index (EEDI)
for new ships adopted by IMO Resolution MEPC.245(66) and as amended from time to time.
28 Required EEDI
The required EEDI for a vessel must be worked out in accordance with
regulation 21 of Annex VI.
Note For guidance on working out reference line values for required EEDI — see the 2013
Guidelines for calculation of reference lines for use with Energy Efficiency Design Index (EEDI)
adopted by IMO Resolution MEPC.231(65) and as amended from time to time.
29 Ship energy efficiency management plan
For subsection 26FEW(3) of the Pollution Prevention Act, a SEEMP must
contain the information required by 2016 Guidelines for the development of a
ship energy efficiency management plan, adopted by IMO resolution
MEPC.282(70) and as amended from time to time.
Note 1 The Guidelines include training among the means of implementing a SEEMP — see
paragraph 4.1.6 of the Guidelines.
Note 2 Information about obtaining copies of IMO resolutions is available on the AMSA
website at http://www.amsa.gov.au.
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Matters prescribed for the Pollution Prevention Act Division 7
Section 33
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Division 7 Matters prescribed for the Pollution Prevention Act
30 Sulphur content of fuel oil — prescribed limits
(1) For paragraph 26FEG(1)(b) of the Pollution Prevention Act, the prescribed limit
is 0.50% m/m.
(2) For paragraph 26FEH(4)(a) of the Pollution Prevention Act, the prescribed limit
is 0.10% m/m.
30A Prescribed level of total emission of sulphur oxides
For paragraphs 26FEGA(4)(b) and 26FEHA(2)(b) of the Pollution Prevention
Act, the prescribed level is the level set out in Table 1, paragraph 1.3 of the 2015
Guidelines.
30B Operation of Annex VI approved equivalents
(1) For paragraph 26FEGA(1)(b) and subparagraph 26FEH(4)(b)(ii) of the Pollution
Prevention Act, an Annex VI approved equivalent that is an exhaust gas
cleaning system must be operated in the manner mentioned in the 2015
Guidelines as if the 2015 Guidelines were mandatory.
(2) For paragraph 26FEGA(1)(c) and subparagraph 26FEH(4)(b)(iii) of the
Pollution Prevention Act, a waste stream arising from the operation of an
exhaust gas cleaning system may be discharged only if:
(a) there is continuous monitoring and recording of the waste stream; and
(b) the measures in section 10 of the 2015 Guidelines are applied to the waste
stream and the waste stream is found to be in accordance with the limits
mentioned.
31 Notification of fuel oil non-availability
For paragraphs 26FEGA(7)(b), 26FEGA(7)(c), 26FEHA(5)(b), 26FEHA(5)(c),
26FEHA(6)(b) and 26FEHA(6)(c) of the Pollution Prevention Act:
(a) notification must be on the approved form; and
(b) notification must occur as soon as the person responsible for obtaining fuel
oil for use on board the ship becomes aware that it will not be possible to
obtain compliant fuel oil; and
(c) a copy of the notification must be kept on board the ship for 3 years.
Note The approved form is available on the AMSA website: at http://www.amsa.gov.au.
32 Flushing fuel oil service systems
For paragraphs 26FEI(1)(d) and 26FEI(2)(d) of the Pollution Prevention Act, the
prescribed limit is 0.10% m/m.
33 Record of prescribed fuel-changeover operation
(1) For paragraphs 26FEJ(1)(a) and 26FEJ(3)(a) of the Pollution Prevention Act, the
following are prescribed record books:
(a) for a ship over 400 GT or an oil tanker over 150GT — the vessel’s oil
record book (Part 1) or the official logbook;
(b) for any other ship — the official logbook.
(2) For paragraph 26FEJ(1)(a) of the Pollution Prevention Act, an entry must:
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(a) be made as soon as only fuel oil with a sulphur content of less than 0.10%
m/m is being burned; and
(b) include:
(i) the volume of low-sulphur fuel oil (up to 0.10% sulphur content) in
each tank; and
(ii) the date, time and position of the vessel when any fuel-changeover
operation is completed.
(3) For paragraph 26FEJ(1)(a) of the Pollution Prevention Act, a prescribed fuel-
changeover operation is any fuel-changeover operation carried out before
entering an emission control area mentioned in paragraph 3 of regulation 14 of
Annex VI.
(4) For paragraph 26FEJ(1)(b) of the Pollution Prevention Act, the prescribed
period is 3 years after the last entry has been made.
33A Approval of Annex VI approved equivalent
(1) For subsection 26FEKA(2) of the Pollution Prevention Act:
(a) a prescribed officer may approve an exhaust gas cleaning system as an
Annex VI approved equivalent if the system is able to satisfy all the
measures mentioned in the 2015 Guidelines as if those measures were
mandatory; and
(b) an issuing body is a prescribed officer.
(2) A decision about an application for approval of an exhaust gas cleaning system
as an Annex VI approved equivalent is a reviewable decision for section 17 of
Marine Order 1 (Administration) 2013.
34 Register of Local Suppliers of Fuel Oil
(1) For paragraph 26FEM(3)(a) of the Pollution Prevention Act, the Register of
Local Suppliers of Fuel Oil must contain the information given by:
(a) an initial application and declaration mentioned in subsection (3); and
(b) an annual declaration mentioned in subsection (5).
(2) For subparagraph 26FEM(3)(b)(i) of the Pollution Prevention Act, a person
seeking registration on the Register must apply in accordance with the
application process set out in Marine Order 1 (Administration) 2013.
Note Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of
decisions that are made in accordance with the application process in that Order.
(3) The application must be on the approved initial application and declaration
form.
Note The approved form is available on the AMSA website: at http://www.amsa.gov.au.
(4) AMSA may approve a person for inclusion on the Register if the person has
applied in accordance with this section and provided the information required on
the approved form.
(5) For subparagraph 26FEM(3)(b)(ii) of the Pollution Prevention Act, a person
registered on the Register must give AMSA an annual declaration in the
approved form by 1 July each year.
Note The approved form is available on the AMSA website: at http://www.amsa.gov.au.
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(6) If the person does not provide an annual declaration as required, AMSA may
remove the person’s name from the Register.
(7) A decision by AMSA to remove a person’s name from the Register is a
reviewable decision for section 17 of Marine Order 1 (Administration) 2013.
(8) If, at any time before the first annual declaration is due, any change occurs to
information given in the initial application and declaration, the person who
completed that form must give to AMSA a new initial application and
declaration form with the new information.
35 Bunker delivery note and sample
(1) For paragraph 26FEO(1A)(c) of the Pollution Prevention Act, a completed
bunker delivery note must be given to the master or the officer in charge of the
bunker operation on completion of bunkering operations.
Note AMSA has approved the Bunker Delivery Note set out in Appendix V to Annex VI as the
approved form.
(2) For paragraph 26FEO(2)(d) of the Pollution Prevention Act, a representative
sample must be given to the master or the officer in charge of the bunker
operations on completion of bunkering operations.
(3) For paragraph 26FEO(2)(d) of the Pollution Prevention Act, a representative
sample must be signed and sealed by the supplier’s representative and the
master or officer in charge of the bunker operation on completion of bunkering
operations.
36 Fuel oil sample retention
For paragraph 26FER(1)(d) of the Pollution Prevention Act, the sample of fuel
oil mentioned in paragraph 26FER(1)(c) of that Act must be retained:
(a) on board the vessel; or
(b) at a shore based location, for example a port office or other similar facility,
where the samples can be accessed readily.
Note For the period for which a sample must be retained — see subsection 26FER(1) of the
Pollution Prevention Act.
37 Ozone depleting substances record book
(1) For paragraph 26FET(3)(a) of the Pollution Prevention Act, an ozone depleting
substances record book must be:
(a) part of an existing logbook; or
(b) an electronic recording system approved by AMSA.
(2) Division 3 of Marine Order 1 (Administration) 2013 applies to an application to
AMSA for an approval mentioned in paragraph (1)(b).
(3) The decision maker for the application is the holder of an office in AMSA to
which AMSA has delegated the power to approve the electronic recording
system.
(4) For subsections 26FET(3), (7) and (8) of the Pollution Prevention Act, each
entry and page in an electronic recording system mentioned in paragraph (1)(b)
is taken to have been signed by the master of the vessel.
(5) For paragraphs 26FET(6)(a) and (8)(b) of the Pollution Prevention Act, the
following operations or occurrences are prescribed:
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(a) recharge, full or partial, of equipment containing ozone depleting
substances;
(b) repair or maintenance of equipment containing ozone depleting substances;
(c) discharge of ozone depleting substances to the atmosphere:
(i) deliberately; or
(ii) not deliberately;
(d) discharge of ozone depleting substances to land-based reception facilities;
(e) supply of ozone depleting substances to the vessel.
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Notes
Marine Order 97 (Marine pollution prevention — air pollution) 2013 19 MO 97 compil 200206Z
Notes to Marine Order 97 (Marine pollution prevention — air pollution) 2013
Note 1
Marine Order 97 (Marine pollution prevention — air pollution) 2013 (in force under subsection 342(1) of the Navigation Act 2012) and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 as shown in this compilation comprises Marine Order 97 (Marine pollution prevention — air pollution) 2013 amended as indicated in the following tables.
Table of Orders
Year and number Registration date
FRL number Commencement date
Application, saving or transitional provisions
Marine Order 97 (Marine pollution prevention — air pollution) 2013 (MO 2013/16)
2 September 2013
F2013L01659 3 September 2013
Marine Order 97 (Marine pollution prevention — air pollution) Amendment 2016 (No. 1) (MO 2016/14)
7 November 2016
F2016L01720 1 December 2016
Marine Order 97 (Marine pollution prevention — air pollution) Amendment Order 2017 (MO 2017/4)
27 July 2017 F2017L00961 1 September 2017
Marine Order 97 (Marine pollution prevention — air pollution) Amendment Order 2018 (MO 2018/2)
27 February 2018
F2018L00159 1 March 2018
Marine Orders Amendment (Marine Order 47 — consequential changes) Order 2019 (MO 2019/5)
16 October 2019 F2019L0331 1 November 2019
Marine Order 97 (Marine pollution prevention — air pollution) Amendment Order 2019 (MO 2019/10)
18 December 2019
F2019L01663 Schedules 1-3:
repealed before commencing
as repealed by
Marine Order 97 (Marine pollution prevention — air pollution) Amendment Order (No 2) 2019 (MO 2019/11)
20 December 2019
F2019L01678 21 December 2019
Marine Order 97 (Marine pollution prevention — air pollution) Amendment Order (No 2) 2019 (MO 2019/11)
20 December 2019
F2019L01678 Sections 1-4
21 December 2019
Schedules 1 and 3
1 January 2020
Schedule 2
1 March 2020
Table of amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
2 .......................................... rep. Legislation Act 2003, s. 48D
3 .......................................... rep. Legislation Act 2003, s. 48C
6 .......................................... am. MO 2016/14; am. MO 2018/2; am.MO 2019/5; am. 2019/11
7 .......................................... rs. 2019/11
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Notes
20 Marine Order 97 (Marine pollution prevention — air pollution) 2013 MO 97 compil 200206Z
Provision affected How affected
8 .......................................... rs. MO 2018/2, am. 2019/11
9 .......................................... rs. MO 2016/14
9A ....................................... ad. MO 2018/2; am. 2019/11
9B ....................................... ad. 2019/11
11 ........................................ am. MO 2016/14; am. MO 2018/2
15 ........................................ am. MO 2018/2
Division 2A .......................... ad. MO 2018/2
Division 2B .......................... ad. MO 2018/2
20A ..................................... am. 2019/11
21A ..................................... ad. MO 2017/4
22 ........................................ am. MO 2016/14; am. MO 2018/2
26 ........................................ am. MO 2016/14; am. MO 2018/2
27 ........................................ am. MO 2016/14; am. MO 2018/2
28 ........................................ am. MO 2018/2
29 ........................................ am. MO 2018/2
30 ........................................ rs. MO 2019/11
30A ..................................... ad. MO2019/11
30B ..................................... ad. MO2019/11
31 ........................................ am. MO 2016/14; rs. 2019/11; am 2019/11
32 ........................................ rs. 2019/11
33 ........................................ am. 2019/11
33A ..................................... ad. 2019/11
34 ........................................ am. MO 2016/14; rs. 2019/11
35 ........................................ am. 2019/11
37 ........................................ am. MO 2016/14
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